6/5/2020
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WHEREFORE, premises considered, judgment is hereby rendered dismissing
the complaint for lack of merit.[7]
2. However, on appeal, the NLRC reversed the Labor Arbiter and granted petitioner's
claim for disability benefits:
While it is true that the certification mentioned by the Labor Arbiter appear
on record, the latter seemed not to have noticed the more recent
certification which was issued by the respondents' hospital in April 2003. To
reiterate, the certificate states that [petitioner] is "unfit to work" and his
illness appears to be work-oriented, x x x
In support of his claims, we are persuaded by [petitioner's] allegations and
arguments that:
1. His injury or ailment was due to his work of lifting heavy
objects at the vessel;
2. The fact that such was work-related was attested to by the
designated hospital of the respondent;
3. [Petitioner's] employment history shows that he spent his
entire seafaring career since 1981 with herein respondents;
4. After every conclusion of his contract, he would merely take a
vacation of approximately two (2) months only;
5. Beginning with his contract with the duration of 8 July 2000 to
April 2001, he was already diagnosed to have a work-related
injury or illness of "lumbar spondylosis" or dislocation of lumbar
vertebrae;
6. Since his injury then was not yet severe, he was still allowed
to be deployed. However, during the period he was on board, he
sustained or aggravated his present illness; and
7. At present, he could no longer perform heavy works.
The foregoing allegations and argument substantiate the following
requirements provided under the POEA Standard Employment Contract for
an injury or illness to be compensable:
1. The seafarer's work must involve the risks described herein;
2. The disease was contracted as
exposure to the described risks;
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60102
a result of the seafarer's
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